Code of Alabama
Ala. Code § 35-9-5 (2026)
Notice to Terminate Tenancy for Term Less Than One Year.
✓ official Alabama Legislature (ALISON) text, current July 2026
In all cases of tenancy by the month or for any other term less than one year, where the tenant holds over without special agreement, the landlord shall have the right to terminate the tenancy by giving the tenant 10 days’ notice in writing of such termination, and the landlord upon giving said notice for said time shall be authorized without further notice to the tenant to recover possession of the rented premises in an action of unlawful detainer.
(Code 1923, §8822; Acts 1932, Ex. Sess., No. 13, p. 14; Code 1940, T. 31, §5.)
Notes of Decisions
Cited in 2
cases, 1987–2003 · leading case: In Re Moore, 290 B.R. 851 (Bankr. N.D. Ala. 2003).
In Re Moore, 290 B.R. 851 (Bankr. N.D. Ala. 2003). “Code § 35-9-3 (1991), a second is for leases with a month to month term or for a term of less than one year, Ala.Code § 35-9-5 (1991), the third is for leases terminated for breach of or a default under the provisions of the lease, Ala.”
City of Birmingham v. Link Carnival, Inc., 514 So. 2d 792 (Ala. 1987). “Section 35-9-5, Code of Alabama (1975), provides further that where a tenant holds over without special agreement, the landlord may recover possession of the rented premises by giving the tenant 10 days’ notice.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.